(a) FLSA means the Fair Labor Standards Act of 1938, as amended.
(b) Secretary means the Secretary of Labor or the Secretary of
Labor's authorized representative.
(c) Administrator means the Administrator of the Wage and Hour
Division, U.S. Department of Labor, or the Administrator's authorized
representative.
(d) Worker with a disability for the purpose of this part means an
individual whose earning or productive capacity is impaired by a
physical or mental disability, including those relating to age or
injury, for the work to be performed. Disabilities which may affect
earning or productive capacity include blindness, mental illness, mental
retardation, cerebral palsy, alcoholism, and drug addiction. The
following, taken by themselves, are not considered disabilities for the
purposes of this part: Vocational, social, cultural, or educational
disabilities; chronic unemployment; receipt of welfare benefits;
nonattendance at school; juvenile delinquency; and, correctional parole
or probation. Further, a disability which may affect earning or
productive capacity for one type of work may not affect such capacity
for another.
(e) Patient worker means a worker with a disability, as defined
above, employed by a hospital or institution providing residential care
where such worker receives treatment or care without regard to whether
such worker is a resident of the establishment.
(f) Hospital or institution, hereafter referred to as institution,
is a public or private, nonprofit or for-profit facility primarily
engaged in (i.e., more than 50 percent of the income is attributable to)
providing residential care for the sick, the aged, or the mentally ill
or retarded, including but not limited to nursing homes, intermediate
care facilities, rest homes, convalescent homes, homes for the elderly
and infirm, halfway houses, residential centers for drug addicts or
alcoholics, and the like, whether licensed or not licensed.
(g) Employ is defined in FLSA as to suffer or permit to work. An
employment relationship arises whenever an individual, including an
individual with a disability, is suffered or permitted to work. The
determination of an employment relationship does not depend upon the
level of performance or whether the work is of some therapeutic benefit.
However, an individual does not become an employee if engaged in such
activities as making craft products where the individual
voluntarily participates in such activities and the products become the
property of the individual making them, or all of the funds resulting
from the sale of the products are divided among the participants in the
activity or are used in purchasing additional materials to make craft
products.
(h) Special minimum wage is a wage authorized under a certificate
issued to an employer under this part that is less than the statutory
minimum wage.
(i) Commensurate wage is a special minimum wage paid to a worker
with a disability which is based on the worker's individual productivity
in proportion to the wage and productivity of experienced nondisabled
workers performing essentially the same type, quality, and quantity of
work in the vicinity in which the individual under certificate is
employed. For example, the commensurate wage of a worker with a
disability who is 75% as productive as the average experienced
nondisabled worker, taking into consideration the type, quality, and
quantity of work of the disabled worker, would be set at 75% of the wage
paid to the nondisabled worker. For purposes of these regulations, a
commensurate wage is always a special minimum wage, i.e., a wage below
the statutory minimum.
(j) Vicinity or locality means the geographic area from which the
labor force of the community is drawn.
(k) Experienced worker means a worker who has learned the basic
elements or requirements of the work to be performed, ordinarily by
completion of a probationary or training period. Typically, such a
worker will have received at least one pay raise after successful
completion of the probationary or training period.
